Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Whelan v Cigarette & Gift Warehouse Pty Ltd [2017] FCA 695 File number: QUD 987 of 2015
Judge: LOGAN J
Date of judgment: 26 April 2017
Catchwords: PRACTICE AND PROCEDURE – application for freezing orders r 7.32 Federal Court Rules 2011 (Cth) – criteria that must be satisfied for the court to grant a freezing order – applicant must establish 'a good arguable case' on a prospective cause of action – freezing order not granted INDUSTRIAL LAW – employment – costs – whether security for costs order appropriate – where s 570 of Fair Work Act 2009 (Cth) limits availability of costs in proceedings in relation to a matter under the Act – where proceedings involve actions under the Fair Work Act 2009 (Cth) and at common law – whether Fair Work Act 2009 (Cth) limits availability of costs for whole of proceedings – relevant factors – Fair Work Act 2009 (Cth), s 570 – indemnity basis – "unreasonable act or omission"
Legislation: Competition and Consumer Act 2010 (Cth) Fair Work Act 2009 (Cth) ss 340, 545, 570 Workplace Relations Act 1996 (Cth)
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Insolvency Guardian Melbourne Pty Ltd v Carlei (2016) 111 ACSR 236 Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221
Date of hearing: 26 April 2017
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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